DETAILED ACTION
This is the first office action on the merits for 18/695,352, filed 3/25/2024, which is a national stage entry of PCT/JP2022/037954, filed 10/12/2022, which claims priority to Japanese applications JP2021-167979, filed 10/13/2021, JP2021-167991, filed 10/13/2021, and JP2021-168402, filed 10/13/2021.
Claims 1-6 are pending, and are considered herein.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Additional Prior Art
The Examiner wishes to apprise the Applicant of the following references, which are not currently applied in a rejection.
U.S. Patent Application Publication 2011/0014512 A1: This reference teaches a stacked battery structure in which the terminals are accommodated in a protrusion region.
U.S. Patent Application Publication 2017/0040586 A1: This reference teaches a stacked battery structure in which the terminals are accommodated in a protrusion region.
U.S. Patent Application Publication 2018/0226620 A1: This reference teaches a stacked battery structure in which the terminals are accommodated in recesses in a protruded top casing structure.
U.S. Patent Application Publication 2019/0044122 A1: This reference teaches a stacked battery structure in which the terminals are accommodated in a recess in a protruded top casing structure.
U.S. Patent Application Publication 2015/0111094 A1: This reference teaches a stacked battery structure in which the terminals are accommodated in a recess in a protruded top casing structure.
Double Patenting
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No.18/699,515 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of Claims 1-15 of 18/699,515 teach all of the limitations of instant Claim 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No.18/699,672 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of Claims 1-16 of 18/699,672 teach all of the limitations of instant Claim 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang, et al. (U.S. Patent Application Publication 2017/0104193 A1).
In reference to Claim 1, Kang teaches an energy storage device (Fig. 2B, with details given in Fig. 1, described in paragraphs [0032]-[0049] and [0051]-[0060]).
The energy storage device of Kang comprises an electrode assembly 200 that is formed by stacking a plurality of plates and is elongated in a predetermined direction intersecting with a stacking direction (Fig. 1, paragraphs [0036]-[0042]). These directions are indicated in the inset below.
The device of Kang comprises a container 400 that accommodates the electrode assembly and is elongated in the predetermined direction (Figs. 1 and 2b, paragraphs [0056]-[0060]).
The device of Kang comprises a positive electrode terminal 110 and a negative electrode terminal 120 that are electrically connected to the electrode assembly (Fig. 2b, paragraph [0037]).
The electrode assembly comprises an electrode assembly body 200 and a pair of connecting portions (corresponding to the electrode portions connecting the body 200 to the terminals 110 and 120, as shown in Fig. 1) that protrudes from one end portion of the electrode assembly body in the predetermined direction, and is electrically connected to the positive electrode terminal and the negative electrode terminal.
The device of Kang comprises a protruding portion 300 on which the pair of connecting portions is disposed is formed at one end portion of the container in the predetermined direction (Fig. 2b, paragraphs ]0044]-[0049] and [0051]-[0054]).
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In reference to Claim 2, the inset of Fig. 2b under the rejection of Claim 1 above teaches that an other end portion of the container in the predetermined direction is formed in a flat shape (i.e. in a shape that does not comprise terminals).
In reference to Claim 3, Kang teaches that a pair of recessed portions (corresponding to openings 311 and 321 in item 300 through which items 110 and 120 are disposed, Fig. 2b, paragraph [0049]) that interposes the protruding portion (i.e. interposes a portion of the protruding portion 300) is formed on the one end portion of the container.
Fig. 2b teaches that the positive electrode terminal is disposed in one recessed portion out of the pair of recessed portions, and the negative electrode terminal is disposed in an other recessed portion out of the pair of recessed portions (paragraph [0049]).
In reference to Claim 4, Fig. 2b teaches that the protruding portion 300 includes a pair of terminal mounting surfaces (i.e. the inner surfaces of the openings through which items 110 and 120 pass) that opposedly faces each other in an arrangement direction of the pair of connecting portions (i.e. are parallel to each other in a horizontal direction).
Fig. 2b teaches that the positive electrode terminal is disposed on one terminal mounting surface out of the pair of terminal mounting surfaces, and the negative electrode terminal is disposed on an other terminal mounting surface out of the pair of terminal mounting surfaces.
In reference to Claim 6, Kang teaches that the electrode assembly 200 is configured such that the plurality of plates are wound using the predetermined direction as a winding axis direction (Fig. 1, paragraph [0038]).
Claim 6 comprises product-by-process limitations. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee, et al. (U.S. Patent Application Publication 2020/0136122 A1).
In reference to Claim 1, Lee teaches an energy storage device (Fig. 1, with details given in Figs. 2-8, described in paragraphs [0018]-[0028]).
The energy storage device of Lee comprises an electrode assembly that is formed by stacking a plurality of plates and is elongated in a predetermined direction intersecting with a stacking direction (Fig. 1, paragraph [0018]). The elongation direction is indicated in the inset below, and the stacking direction is the direction into the page.
The device of Lee comprises a container (i.e. pouch 40) that accommodates the electrode assembly and is elongated in the predetermined direction (Fig. 1, paragraphs [0024]-[0025]).
The device of Lee comprises a positive electrode terminal 23 and a negative electrode terminal 13 that are electrically connected to the electrode assembly (Figs. 1 and 5-6, paragraphs [0020]-[0025]).
The electrode assembly comprises an electrode assembly body (corresponding to the stacked structure shown in Figs. 1-8) and a pair of connecting portions 22 and 12 that protrudes from one end portion of the electrode assembly body in the predetermined direction, and is electrically connected to the positive electrode terminal and the negative electrode terminal (paragraphs [0020]-[0025]).
The device of Lee comprises a protruding portion 42/43 on which the pair of connecting portions 22/12 that is disposed is formed at one end portion of the container in the predetermined direction (Figs. 7-8, paragraphs [0024]-[0025]).
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In reference to Claim 5, Figs. 1-8 teach that the electrode assembly includes a pair of an other connecting portions 22/12 that protrudes from an other end portion in the predetermined direction and is electrically connected to an other positive electrode terminal 23 and an other negative electrode terminal 13, and an other protruding portion 42/43 on which the pair of the other connecting portions is disposed is formed on an other end portion of the container in the predetermined direction.
Conclusion
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/SADIE WHITE/Primary Examiner, Art Unit 1721
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